By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at rob@robhagylaw.com. I look forward to helping you!

Helpful Divorce Resources

Disclaimer

The information provided on this web blog is public information and is not individualized legal advice. Do not take any legal action on any information contained in this blog!!! Always consulting with an attorney in your state about your legal issues. The presentation of information on this blog does not establish any form of attorney-client relationship with my firm or with me. While I have attempted to maintain the information on this blog as accurately as possible, this information may contain errors or omissions, for which I disclaim any liability. Case law from other jurisdictions discussed here are discussed for comparative purposes only. The author is licensed to practice only in the Commonwealth of Virginia and not in any other state.
Despite the foregoing, this material could be considered to be ADVERTISING MATERIAL. The responsible party for this blog is Robert R. Hagy, II Esq., an attorney licensed to practice law in Virginia, of the Law Offices of Rob Hagy, P.C., whose address is 154 Hansen Rd., Suite 202-B, Charlottesville, Virginia 22911.

November 16, 2007

Wife's Constructive Desertion Bars Award of Spousal Support

In the case of Annette Morgan, F/K/A Annette M Watkins v. David B. Watkins, the Virginia Court of Appeals ruled, in an unpublished opinion, that a trial court properly denied a Wife's request for spousal support where the Wife engaged in such poor behavior that it amounted to constructive desertion and thus barred an award of spousal support. In doing so, the Court held that:

"Code § 20-107.1(E) requires the trial court, in determining whether to award spousal support, to "consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95." Here, the trial court determined that an award of spousal support to wife was not warranted because her false accusations against husband of committing adultery with ten women and one man, of sexually molesting a former roommate, and of sexually abusing the parties’ son, along with her directing husband to move out of the marital bedroom and her assault on husband in June 2005 caused the dissolution of the marriage and amounted to desertion and constructive desertion by wife."

Important Laws Affecting Family Law Matters

Virginia Code Section 20-108.2This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.

Virginia Code Section 20-124.3This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.